Legal Opinion

Hurd v. Wing

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal by the defendant, George Wing, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 8th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 7th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

The plaintiffs, who were copartners engaged in the business of lumber dealers commenced this action to recover for lumber and building materials' alleged to have been sold to Edson B. bawdy for which it is claimed the defendant became liable to pay.

It is urged by the appellant that the complaint fails to state a cause of action. It alleges the sale of the lumber to Edson B. Sawdy; that it was delivered upon premises owned by said bawdy ■ and his wife; that bawdy and the defendant have paid of said indebtedness $1,025, the entire account being $1,345.91. It further alleges that on…

2Cases cited3 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Clark v. . HowardNew York Court of Appeals · 1896
  3. Hurd v. WingAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by3 opinions

  1. State Road Department v. CrillSupreme Court of Florida · 1930
  2. Rochester Dry Goods Co. v. FahyAppellate Division of the Supreme Court of the State of New York · 1906
  3. Hurd v. WingAppellate Division of the Supreme Court of the State of New York · 1904

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